Harvest Sweepstakes Official Rules

Transcription

1 NO PURCHASE REQUIRED TO ENTER OR WIN. Harvest Sweepstakes Official Rules 1. Eligibility: The Harvest Sweepstakes (the Sweepstakes ) is open only to legal residents of the 48 contiguous United States (or the District of Columbia) who are 21 years of age or older at the time of entry. Employees and non-employee workers of GMRI, Inc., Darden Restaurants, Inc., HelloWorld, Inc., and their respective parent companies, subsidiaries, affiliates, employees, and agents and those prize providers and agencies that are involved in the development or execution of this Sweepstakes or any of its materials, and the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in Alaska, Hawaii, and where prohibited by law. 2. Sponsor: GMRI, Inc., 1000 Darden Center Drive, Orlando, FL Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Sweepstakes. 4. Promotion Period: The Sweepstakes begins at 12:00 p.m. Eastern Time ("ET"), September 26, 2017, and ends at 11:59 p.m. ET, November 21, 2017 (the "Promotion Period"). Twitter, Inc. s, and Instagram, LLC's computers are the official time-keeping devices for this Sweepstakes. 5. How to Enter: There are 2 ways to enter, see below: During the Promotion Period, visit a participating Seasons 52 restaurant and take a photo of yourself in front of the harvest display in the lobby (your Photo ). You may include other people in the Photo, if you would like, if you have their permission to use their images in the Photo for this Sweepstakes. If anyone in your Photo is or appears to be under the age of 21, you must have permission from his or her parent or legal guardian to include the image in your Photo. Then, tweet your Photo on Twitter or share your Photo on Instagram, either way being sure to include the hashtag #52Sweepstakes (your Submission ). Once your Submission is approved, you will receive 1 entry into the Sweepstakes. Alternatively, to enter without visiting a Seasons 52 restaurant, tweet or share on Instagram a photo showing your Autumn love for Seasons 52, along with the hashtag #52Sweepstakes (your Alternate Submission ). Once your Alternate Submission is approved, you will receive 1 entry into the Sweepstakes. a) Twitter: Log into or create your Twitter account. Then, create and Tweet your Submission or Alternate Submission. Your account settings must be set to "unprotected" and/or "public" in order for your Tweets to be viewable by Sponsor and its agents. Creating a Twitter account is free, but is subject to its terms and conditions ( If you post updates to or receive updates from via SMS from your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its pricing plans.

2 b) Instagram: Log into or create your Instagram account. Then create and post your Submission Alternate Submission to your Instagram account. In order for your entry to be valid, your Instagram profile must be public and thus viewable by the Sponsor and its agents. If you do not have the Instagram App, you may download it through the application store on your mobile device. Your post must be consistent with Instagram's terms ( Posting a photo on Instagram requires a mobile device and message and data rates may apply. Guidelines: The Submission or Alternate Submission must be in a format acceptable to the applicable social media channel; The Submission or Alternate Submission must contain a relevant photo or menu item (for Alternate Submission) and the promotional hashtag; The Submission or Alternate Submission description, if any, must be in English; and The Submission or Alternate Submission cannot have been submitted previously in a promotion of any kind. Content Restrictions: The Submission or Alternate Submission must not include any private information of a third party such as name, address, phone number, or address; The Submission must include at least a partial image of the lobby Harvest display; The Alternate Submission must include mention or a photo of an item from the harvest menu; The Submission or Alternate Submission must not contain material that violates or infringes another s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; The Submission or Alternate Submission must not feature brand names or trademarks other than those owned by Sponsor or which appear in the Harvest display, which entrant has a limited license to use to create and share a Submission or Alternate Submission in this Sweepstakes; The Submission or Alternate Submission must not disparage Sponsor, Administrator, or any other person or party affiliated with the promotion and administration of this Sweepstakes; The Submission or Alternate Submission must be entrant s own work; The Submission or Alternate Submission must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; The Submission or Alternate Submission must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and The Submission or Alternate Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created. To avoid the spam restrictions of Twitter and Instagram, each shared Submission or Alternate Submission should be unique. Posting/uploading a Submission or Alternate Submission using the promotion hashtag constitutes entrant s consent to give Sponsor a royalty-free, irrevocable, transferable, assignable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission or Alternate Submission in whole or

3 in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission or Alternate Submission or any portion thereof. If your Submission or Alternate Submission is included in a gallery, if any, that is not an indication that you may be a potential prize winner, nor is it a guarantee that your Submission or Alternate Submission is eligible. Limit: Up to 3 Sweepstakes entries per person during the Promotion Period, regardless of method or combination of methods of entry. Multiple entrants are not permitted to share the same address or Twitter or Instagram account. Any attempt by any entrant to obtain more than the stated number of entries using multiple/different addresses, identities, Twitter or Instagram accounts, registrations or logins, or any other methods will void that entrant s entries and that entrant may be disqualified from the Sweepstakes. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by that entrant. In the event of a dispute as to any online entry, the authorized account holder of the address or Twitter or Instagram account used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned a Twitter or Instagram account as provided by Twitter or Instagram (depending on method of entry). Potential winners may be required to show proof of being the authorized account holders. 6. Drawings: Administrator is an independent judging organization whose decisions as to the selection of the potential winners are final and binding. On or about November 27, 2017, Administrator will select the names of the potential winners in a random drawing of all eligible entries received during the Promotion Period. The potential winners will be notified via the social media account used to enter. The odds of winning a prize depend on the number of eligible entries received during the Promotion Period. 7. Requirements of Potential Winners: Potential winners must continue to comply with the Official Rules. Winning is contingent upon fulfilling all requirements. If a potential winner entered through Instagram, he/she will be notified through Instagram via a comment on the Submission and/or direct message with instructions on how to claim his/her prize. If a potential winner entered through Twitter, he/she will be notified by a 2-step process. First, Sponsor s agent will reply to the winner s entry Tweet requesting that the potential winner within 2 days of when the request was made. Then, Sponsor s agent will send a direct message to the potential winner s Twitter account used to enter the Sweepstakes with instructions on how to claim his/her prize. The potential Grand Prize winner will be required to sign and return to Administrator, within 5 days of the date notice or attempted notice is sent, a Declaration of Compliance, Liability & Publicity Release (except where prohibited) in order to claim his/her prize and to fulfill any such other requirements as determined by Administrator. Each potential First Prize winner will be required to provide the Administrator a mailing address (no P.O. Boxes) for prize fulfillment purposes within 5 days of the date notice or attempted notice is sent, in order to claim his/her prize and to fulfill any such other requirements as determined by Administrator. If any potential winner fails to provide a Declaration of Compliance, Liability & Publicity Release or any other requested information (as applicable), he/she may be disqualified and forfeit the prize. In the event that a potential winner cannot be contacted, forfeits the prize, or is disqualified for any reason, Administrator will select an alternate potential winner in a random drawing from among all remaining eligible entries, if time permits, up to 3 alternates. If the alternate potential winners are disqualified, the applicable prize will not be awarded. First Prizes will be fulfilled approximately 8 to 10 weeks after the conclusion of the Sweepstakes.

4 8. Prizes: 1 GRAND PRIZE: A wine country getaway trip for winner and 1 guest and the opportunity to visit/tour the Mauritson Vineyard in Healdsburg, CA. Approximate Retail Value ( ARV ): $3,500. Trip includes an opportunity for winner and guest to have a short meet & greet with Clay Mauritson (all details determined by Sponsor in its sole discretion); a visit/tour of Mauritson Vineyard; round trip, coach-class air transportation for 2 from a major airport near winner s home (determined by Sponsor in its sole discretion) to airport near vineyard; 2 nights' accommodations at Sponsor s choice of hotel or cottage or combination thereof (single room, double occupancy); $500 for spending money that may be used for rental car and/or ground transportation; and travel agent services. Travel must take place within a year from drawing date or winner will forfeit the prize. Subject to availability and blackout dates. If meet & greet is not possible on the dates selected, winner will forfeit that portion of the prize and no substitution will be offered. Winner and guest must travel together and on same itinerary. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. If trip destination is less than 250 miles from the winner's residence, winner will be provided $200 in spending money for driving expenses in lieu of air transportation. Sponsor is not responsible if meet and greet, tour, or any other scheduled event is delayed, postponed or cancelled for any reason and winner will not be reimbursed. All expenses, travel, and other costs not expressly stated in the package description above are the sole responsibility of winner. Winner s guest must be at least 21 years old. Travel companion must execute liability/publicity releases prior to issuance of prize documents. Restrictions, conditions and limitations may apply. Lost, mutilated, or stolen tickets, vouchers or certificates will not be replaced. The ARV of travel may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. 10 FIRST PRIZES: Dinner for 2 at Seasons 52, fulfilled as a Seasons 52 card valued at up to $100. Seasons 52 card does not retain value after use. Not applicable to alcoholic beverages. Terms and conditions of Seasons 52 card apply. Seasons 52 card to be sent electronically via . ARV: up to $100. For All Prizes: No substitution, exchange, or transfer of prize by any winner. Sponsor reserves the right to substitute any prize or prize component for one of equal or greater value. Each winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: 1 prize per person. 9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes entrant s consent for Sponsor and its designees to use entrant s name, Submission or Alternate Submission, Photo, likeness, prize information, city and state of residence video, voice, any comments, testimonials or other feedback related to prize or Sweepstakes experience, whether written or oral, for promotional purposes in any media without further consideration. 10. General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and award the prizes in a random drawing from among all eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the

5 operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 11. Release and Limitations of Liability: Except where prohibited, by participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor, Twitter, Inc., Instagram, LLC, Clay Mauritson, Mauritson Vineyard, HelloWorld, Inc., and their respective parents, subsidiaries, affiliates, promotional partners, prize partners, employees, agents and agencies, and the officers, directors and employees of each of them (the Released Parties ) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant s participation in the Sweepstakes or receipt of any prize, including related travel. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes and in no event shall the Released Parties be liable for attorney s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If, for any reason, an entrant s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant s sole remedy is another Sweepstakes entry, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. 12. Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Sweepstakes, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. 13. Winner List: For a winner list, visit The winner list will be posted after winner confirmation is complete.

6 14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor s Privacy Policy ( and Administrator's Privacy Policy ( Twitter, Inc. and Instagram, LLC, are not affiliated with, nor are they sponsors of, this Sweepstakes. Each entrant understands that he or she is providing information to Sponsor and not to Twitter, Inc. or Instagram, LLC.